DaBears wrote:
This is the NCAA's fault how? I'm a little tired of all the frivolous lawsuits these days. You play a sport where you run the risk of a concussion and then sue because, guess what, you got a concussion. If the medical staff cleared you to play and you chose to get back on the field, it's on you after that. Take responsibility for your own actions.
I'm not sure such a forceful assertion on this issue holds much merit for a couple of reasons. One, by saying you are tired of 'frivolous lawsuits', that would imply that you are intimately familiar with the details of this case. I think it is safe to say that you haven't read the particular brief's filed by either side, and as such don't really know if this suit classifies as frivolous or not. For all we know, the Plaintiff's could have a document in their possession signed by the NCAA prez that states "players with concussions will suffer great harm but nonetheless are to be forced into playing to protect our revenue". Of course this is just a hypothetical. The point is it is too soon to call BS or not on this lawsuit.
Secondly, what you are talking about from the second sentence onward is essentially an assumption of the risk defense. While such a defense can be and is valid in certain situations, I'm not sure that in this instance it is appropriate. If at all, this would be a secondary assumption of the risk claim which is basically where the defendant (NCAA) owes a duty of care to Plaintiff (Owens), but a risk known to player (Owens) happens (concussion) in breach of defendant's (NCAA) duty (to protect players). If this is the case, then the court will apportion blame with a comparative fault test, i.e. the NCAA could be found liable to a degree.
Full disclosure, I suffered two concussions in a season and one even knocked me out cold for a few minutes. That being said, UCA coaches and staff did everything in the world to make sure I was better before I got back on the field. Tbh, the program spent more money on me in that semester on evaluations, doctor visits, MRI's, you name it, than a full year's tuition and room and board. I have never thought that they were at fault for anything.
While I personally don't think that Owens will win his case, I simply wanted to point out that making a rash judgement on legal matters we know next to nothing about is likely premature. We probably shouldn't be lambasting a former bear for exercising his rights as a U.S. citizen.